This proposal is consistent with and supported by these provisions. 307 Although an executiveorder is not required to give effect to the newly enacted law, the President should still considerissuing one implementing these provisions of the Act. By issuing such an order the Presidentimpresses upon agencies his priorities, gives visibility to the effort, and encourages or mandatesaction at least as quickly as the statute allows. Further, for any standards that are minimalstandards the President can order agencies to pursue more aggressive goals and targets (i.e., if thestandards prescribe only the minimal target or goal that an agency must reach). For example, inregard to the building energy efficiency performance standards, “[t]he head of each Federalagency shall adopt procedures necessary to assure that new Federal buildings meet or exceed theFederal building energy standards established under section 6834 of this title.” 3082. Renewable energy goalsIn addition to the general statutory basis that provides authority for setting this target, see generalauthority for this proposal above, Chapter 2, Proposal C-3 and Proposal A, there is alsoadditional authority established by more specific congressional declarations and statutoryprovisions. A key policy pronouncement is found in 42 U.C.C. § 17285, “Sense of Congressrelating to the use of renewable resources to generate energy:”Congress finds that—(1) the United States has a quantity of renewable energy resources that issufficient to supply a significant portion of the energy needs of the UnitedStates;(2) the agricultural, forestry, and working land of the United States can helpensure a sustainable domestic energy system;(3) accelerated development and use of renewable energy technologiesprovide numerous benefits to the United States, including improvednational security, improved balance of payments, healthier rural economies,improved environmental quality, and abundant, reliable, and affordableenergy for all citizens of the United States;(4) the production of transportation fuels from renewable energy would helpthe United States meet rapidly growing domestic and global energydemands, reduce the dependence of the United States on energy importedfrom volatile regions of the world that are politically unstable, stabilize thecost and availability of energy, and safeguard the economy and security ofthe United States;307 See also, 42 U.S.C. § 6361 (President shall develop 10-year plan for energy conservation with respect tobuildings owned or leased by an agency of the United States).308 42 U.S.C. § 6835 (a).CEES 77 | P age
(5) increased energy production from domestic renewable resources wouldattract substantial new investments in energy infrastructure, createeconomic growth, develop new jobs for the citizens of the United States,and increase the income for farm, ranch, and forestry jobs in the ruralregions of the United States;(6) increased use of renewable energy is practical and can be cost effectivewith the implementation of supportive policies and proper incentives tostimulate markets and infrastructure; and(7) public policies aimed at enhancing renewable energy production andaccelerating technological improvements will further reduce energy costsover time and increase market demand. 309Examples of other relevant provisions that support this order include: the National Energy PolicyPlan, 42 U.S.C. § 13382(a)(4) (One of the five primary LCES goals is to increase the percentageof energy derived from renewable resources, see Proposal A); NEPA, 42 U.S.C. § 4331(establishing national environmental policy); Renewable Energy and Energy EfficiencyTechnology Competitiveness, 42 U.S.C. § 12001(a) (“The Congress finds that it is in the nationalsecurity and economic interest of the United States to foster greater efficiency in the use ofavailable energy supplies and greater use of renewable energy technologies.”); RenewableEnergy Initiatives, 42 U.S.C. § 7371 (“The purpose of this subchapter is to establish incentivesfor the use of renewable energy resources . . . .”).E.O. 13123, issued by President Clinton on June 8, 1999, established a renewable energy target.The Order was revoked by subsequent executive order, E.O. 13423, issued by George W. Bushin 2007.3. GHG emission reduction goalsThis parallels the U.S. commitment as a party to the UNFCCC and the priority strategies in theDOE’s LCES. See Proposal A. It combines the President’s substantial role in planning climatechange policy, see Chapter II, with his broad authority over the management of agencyoperation.E.O. 13123 established the following GHG emission reduction goals: reduce GHG emissionsattributed to federal facility energy use 30% by 2005 (relative to 1990), and 25% by 2010. ThisOrder was in effect from 1999 through January 24, 2007 (revoked by E.O. 13423).309 42 U.S.C. § 17285(a). The Act goes on to establish the following goal of the United States: not laterthan January 1, 2025, the agricultural, forestry, and working land of the United States should providefrom renewable resources not less than 25 percent of the total energy consumed in the United States.Id. at § 17285 (b).CEES 78 | P age
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THE BOUNDARIES OF EXECUTIVE AUTHORI
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Proposal IndexPage NumberA Establis
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D-01 Direct the federal Climate Cha
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I. IntroductionThis report is a fol
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• The President shall not substit
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42, Chapter 77, Subchapter III expl
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In addition, it delegates to the Pr
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C. Presidential ProclamationsThere
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2. The developed country Parties an
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A. Establish National Energy and Ca
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the Nation, paying particular atten
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The President should establish the
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The President should establish the
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This proposal is framed in terms of
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- Page 56 and 57: scientific judgment.” 199 Further
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- Page 60 and 61: of climate change in California are
- Page 62 and 63: Direct the EPA and DOE to collabora
- Page 64 and 65: The ATA is a private entity, and as
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- Page 92 and 93: Declare that it is the responsibili
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- Page 106 and 107: economic, and other requirements of
- Page 108 and 109: environment.” Based on the polici
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- Page 112 and 113: special committees but are expressl
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- Page 118 and 119: E. Mobilize the MarketplaceDirect t
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Appendix AStatutes with Specific Te
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(C) assess the potential for the de
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15 U.S.C.A. § 657hTitle 15. Commer
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(5) Climate fluctuation and change
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(4) global data collection, and mon
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15 U.S.C.A. § 2932§ 2932. Committ
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implementation of any Federal actio
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(2) Projects eligible for funding u
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emissions associated with each type
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22 U.S.C.A. § 7902§ 7902. Reducti
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(c) Performance reviews and reports
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(3) Priority for integrated gasific
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[It is the purpose of this chapter
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(i) that no low greenhouse gas emit
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(3) prepare and transmit to the Con
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42 U.S.C.A. § 13384§ 13384. Asses
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(i) Selection of projects(3) In sel
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(1) In generalThe Secretary, in con
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(b) GoalsThe program shall have the
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Subchapter II. Energy Security thro
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Subchapter IV. Energy Savings in Go
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(B) to reduce emissions of covered
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§ 17334. Actions by overseas priva
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(5) be committed to minimizing admi
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Appendix BProclamations that Addres
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8) Proc. 7150, Nov. 20, 1998, World